State of Odisha vs Dilip Kumar Mohapatra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1163

PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
State of Odisha – Appellant
Versus
Dilip Kumar Mohapatra – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Prakash Ranjan Nayak, AOR Mr. Debasis Jena, Adv. Mr. Animesh Dubey, Adv.
For the Respondent(s): Mr. E.R. Kumar, Adv. Mr. D.p Mohanty, Adv. Ms. Swati Bhardwaj, Adv. Mr. Abhishek Thakral, Adv. Ms. Apurba Pattanayak, Adv. M/S. Parekh & Co., AOR

JUDGMENT

MANOJ MISRA, J.

1. Leave granted.

2. By an office order dated 23.04.2001 issued by the Director of Teacher Education & SCERT, Bhubaneswar, Orissa [The Director], the first respondent was engaged as Computer Technician at the College of Teacher Education, Balasore [The College]. The terms of his engagement were as follows:

This is purely temporary assignment to help operate the computer system available to the college under UGC Development grant.”

3. Pursuant to the order of engagement, the first respondent joined the office of the Principal of the College on 01.05.2001. Later, his services were dispensed with by the Director vide office order dated 22.01.2002 which reads thus:

“As the services of Sri Dilip Kumar Mohapatra, working as Computer Technician in the CTE, Balasore, no more required is hereby terminated with effect from 22.01.2002 (A.N.)”

4. Aggrieved by the disengage